PART 7
Dispositions and Connected Matters
32. Dispositions and instruments
(1) Subject to subsection (2), no disposition of registered land or a registered long term lease or any interest in or over registered land or a registered long term lease shall be effectual to create, extinguish, transfer, vary or affect the land or lease or any interest in or over the land or lease unless and until the disposition is registered under this Ordinance.
(2) Nothing in this section shall be construed as preventing an interest in or over registered land or a registered long term lease which is not registered under this Ordinance from taking effect in equity if the interest is—
- (a) capable of registration under this Ordinance; or
- (b) protected by an entry in the Title Register.
(3) Subsection (2) shall not operate to limit, restrict, or qualify the operation of any other provisions of this Ordinance.
(4) The death of a person by or on behalf of whom an instrument has been executed shall not of itself affect the validity of the instrument where—
- (a) the death occurred after the instrument was executed; and
- (b) the instrument was valid at the time it was executed,
and, accordingly, the instrument may be presented to the Registrar for registration as if the death had not occurred.
33. Additional fee for delayed registration
(1) Subject to subsections (2) and (3), where an application for the registration of any dealing is presented to the Registrar for registration later than 3 months after the date of the instrument supporting the application, then, in addition to the prescribed fee payable in respect of the application, an additional fee equal to that prescribed fee shall be payable for each month or part of a month which has elapsed since the date of that instrument.
(2) No additional fee payable under subsection (1) in respect of the registration of a dealing shall exceed 10 times the prescribed fee that would have been payable in respect of the application which relates to the dealing if that dealing had been registered on the date of the instrument supporting the application.
(3) The Registrar may remit, either in whole or in part, any additional fee payable under subsection (1) where to do so is in his opinion just and equitable in all the circumstances of the case.
